By driving a vehicle in New York, an individual is deemed to have
consented to take a chemical breath or blood test.
[Vehicle and Traffic Law § 1194(2)(a)].

The purpose of a chemical breath or blood test is to
determine how much
alcohol is in a driver’s bloodstream.
If a person refuses to take such a test, their license can be revoked
by the DMV for at least 1 year and be required to pay a $500 civil
penalty. A driver is considered intoxicated in New York based on his or her Blood
Alcohol Concentration (BAC).

Common New York DWI
Charges

Drivers under the age of 21 are subject to the "zero tolerance" law,
which lowers the legal BAC level to 0.02%, punishable
with a $125 civil penalty and $100 fee to terminate suspension together
with a minimum 6 months license suspension.
[Vehicle and Traffic Law § 1192-a].

A driver who is not intoxicated, but whose ability to operate a motor
vehicle while their ability is impaired by the use of alcohol
with a BAC between 0.05 and 0.07 percent, can be
charged with Driving While Ability Impaired (DWAI), which is a
non-criminal traffic infraction in the same class of offense as a
speeding or parking ticket, punishable with a fine between $300 to $500
and up to 15 days in jail together with a minimum 3 month license
suspension.
[Vehicle and Traffic Law § 1192(1)].

Regardless of whether a chemical test was administered to determine an
accused’s BAC, law enforcement can charge a "common law" DWI which
alleges a person was intoxicated from the totality of the circumstances
and is punishable with a fine up to $1,000 and up to a year in jail
together with a minimum 6 month license revocation.
[Vehicle and Traffic Law § 1192(3)].

Should a driver have an alleged BAC of 0.08 or greater, he or she will
likely be charged with a misdemeanor “per se” DWI punishable with a
fine up to $1,000 and/or a jail sentence of up to 1 year together
with a minimum 6 month license revocation.
[Vehicle and Traffic Law § 1192(2)].

If a BAC of 0.18 or greater is alleged, then a misdemeanor Aggravated
DWI will likely be charged with a fine up to $2,500 and up to a year
in jail together with a minimum 12 month license revocation.
[Vehicle and Traffic Law § 1192(2-a)(a)].

If a person is intoxicated and has a child in the car under the age of
16, then they can be charged with a class “E” felony punishable with up
to 4 years in prison.
[Vehicle and Traffic Law § 1192(2-a)(b)].

If an accused has a misdemeanor or felony conviction within the last 10
years, then a class “E” felony punishable with up to 4 years in prison
can be charged. Should an individual have 2 or more predicate
convictions within the same 10 year period, a class “D” felony
punishable with up to 7 years in prison can be charged.

Hardship and
Conditional Licenses

New York requires the driver’s license of a person charged with DWI to
be suspended pending prosecution. This means that they will lose
their
license even before they are convicted. However, the judge who
arraigns
an individual charged with DWI may issue a "hardship" license.
This
type
of driver’s license allows the offender certain driving privileges,
such as driving to work, in case a hardship is present, such as being
the family’s sole wage earner. An accused may also be eligible
for a
"conditional" driver’s license from the DMV within 30 days after
arraignment. This license will allow them to not just drive to
and from
work, but also to and from school, medical treatment and during an
additional 3 hour block per week.

Impaired Driver
Program (IDP)

The
Impaired Driver Program (IDP), previously known as Drinking Driving
Program (DDP), is part of New York State’s effort to provide
participants
in the IDP will receive an in-depth education regarding high-risk
alcohol and other drug choices to assist them in identifying and
changing high-risk behaviors. Participants also complete a preliminary
screening designed to identify risk factors for a substance abuse
disorder. Individuals found to be at risk for a substance abuse
disorder will be referred for a comprehensive clinical assessment and
referral to treatment if warranted.

As
an IDP participant, you must attend seven weekly classroom
sessions. Each session takes 2 to 3 hours for 16 hours
total. When you satisfactorily complete the classroom sessions,
your involvement in the IDP will end, UNLESS the program refers you for
formal assessment and any resulting treatment.

IDP
participants may be referred for a formal substance abuse assessment by
a NYS court, the Department of Probation or the IDP. IDP referrals can
result from
•two or more alcohol or drug-related driving
convictions within 10 years
•arrest for an alcohol or drug-related
driving violation while enrolled in the IDP
•attending class under the influence of
alcohol or drugs
•a request by the student for help with a
substance abuse problem, or an admission that the student is currently
in treatment

If
you are referred for assessment by an IDP, you must choose a provider
approved by the Office of Alcoholism and Substance Abuse Services
(OASAS). If you are not satisfied with the results of the assessment,
you may ask the IDP director for a second assessment. However,
you must accept the findings of the second assessment.

After
assessment, you may be required to complete a formal substance abuse
treatment program. If you fail to complete required assessment or
treatment, you will be dropped from the IDP and your conditional
license will be revoked.

In
some instances you may be referred for assessment by a NYS court or
probation office prior to enrolling in the IDP. If the assessment
results in a determination that treatment is required, you must
complete the treatment before the IDP will provide a completion
certificate. It is important to understand that regardless of the
referral source (IDP, NYS court or a probation office), if the
assessment determines that treatment is required, you must complete the
treatment in order to complete the IDP.

The
IDP will provide you with a “Notice of Completion” when all program
requirements have been met. This information will also be
electronically transmitted to DMV. Depending on your license status and
driving record, your license may be restored or you may become eligible
to apply for a new license. Your eligibility will be affected if
•you have two or more alcohol/drug related
driving violations on your driving record
•your
conditional license is under revocation
•you were under 21 when the
alcohol or
drug-related driving violation occurred
•you refused an alcohol or drug
test on the
date of the violation
•you committed the alcohol or drug-related
violation while operating a commercial motor vehicle

You
will be dropped from the IDP and lose your conditional license if
you
•do
not attend class, any required assessment
or treatment, or
•do not otherwise satisfactorily participate
in the program, or
•do not pay the program fees

If
you are dropped from the IDP, you must obtain consent from the IDP
director before re-entering. A re-entry fee of $50 is required, payable
to the IDP. Drops reported to the DMV will result in the revocation of
your conditional license/driving privilege. Participants can only
be re-issued a conditional license one time.

At
the time of sentencing, the court may issue you a conditional discharge
(CD) that requires IDP completion. The DMV will notify the court
if you do not enroll in the program, or are dropped from it. The court
then may call you in for re-sentencing.

When
you enroll in the Impaired Driver Program you must pay the Department
of Motor Vehicles (DMV) a nonrefundable fee of $75.

After
enrollment, you also must pay a fee directly to the program that will
conduct your IDP classes. The maximum IDP enrollment fee is $225,
payable to the program you attend. There will be additional fees if you
transfer to
another IDP or apply to re-enter a program you have been dropped from.

During
the IDP course, you may be referred to a NYS OASAS approved treatment
provider for formal assessment and, if necessary, treatment. If formal
assessment or treatment is needed, you will have to pay additional fees
to the agency that provides those services.

Participation
in the IDP is available on a voluntary basis if you
have been convicted of an alcohol or drug related driving violation,
unless you have participated in the program within the last 5 years, or
have been convicted of another alcohol or drug violation within 5 years
of the current alcohol or drug violation. However, these limitations do
not restrict the ability of the court to mandate participation, even if
you have already attended an IDP within the
previous 5 years. In such situations, participation will be required,
yet you will not be eligible for a conditional license or privilege.

Ignition Interlock
Device (IID)

Installation of an Ignition Interlock Device (IID) is
required for all
misdemeanor and felony DWI convictions in the State of New York for a
minimum of six months. An
ignition interlock device is a machine that is connected to a car’s
ignition and checks the driver’s blood alcohol content level. The
driver has to blow a breath sample into the machine to start the car
and, from time to
time, while the car is running. If alcohol is detected, the car either
does not start or turns itself off. NY requires drivers
to purchase and install their own IIDs. Drivers also are responsible
for any costs related to the monthly fee, switching the IID to another
vehicle, and uninstalling the IID.
Driving a vehicle in
violation of an ignition interlock order (without the device) is a
misdemeanor crime.

An attorney can help protect your driving privilege. If you
seek to contest the
DWI charges they can request a jury trial, challenge the evidence
against you and cross-examine the government's witnesses. In
addition, they can help you to decide if you want to testify and
subpoena witnesses for your behalf.

A lawyer can mean the difference between
incarceration and freedom. Besides losing
your liberty, a criminal conviction can damage your reputation, your
future job prospects, or in some instances, your right to vote or drive
a car.